4 deadlines NoticeGuard models for West Virginia: what each one counts from, the statute it was read from, and the statute text.
Information, not legal advice. This app reports what the statute says and cites the section it read. It is not legal advice, it does not file anything for you, and it does not tell you what to do.
Verify with the statute or an attorney. Statutes change, and courts reinterpret them. Every deadline in this app comes from a statute read on the date shown next to its citation - that snapshot can go out of date. Missing a mechanics lien deadline can extinguish your claim permanently, so confirm any deadline you are relying on with an attorney licensed in that state before you act on it.
Data verified: statute text retrieved 2026-09-21 (each citation below carries its own date). Rule data from the NoticeGuard app, source commit 22f9300.
Record notice of mechanic's lien (original contractor)
Recorded with the clerk of the county commission, counted from completion of the work provided for in the contract.
What it counts from. 100 days after final completion of the original contract.
Applies to. Original contractor.
W. Va. Code § 38-2-8 (sole operative sentence) Official source · statute text retrieved 2026-09-21
“For the purpose of perfecting and preserving his lien, any such general contractor as is mentioned in section one of this article shall, within one hundred days after the completion of his work provided for in such contract, cause to be recorded, in the office of the clerk of the county court of the county wherein such property is situate, a notice of such lien.”
If the date is missed (the statute's own terms). The statute frames this as a condition of "perfecting and preserving" the lien - the notice must be recorded within this period for the lien to be valid.
Also stated next to this deadline.
The statute prescribes an exact form for this notice, sworn before a notary - see this app's generated document for this rule.
Give and record notice of mechanic's lien (subcontractor)
Notice given to the owner AND recorded with the clerk of the county commission, counted from completion of this claimant's own subcontract.
What it counts from. 100 days after final completion of your own work.
Applies to. Subcontractor.
W. Va. Code § 38-2-9 (sole operative sentence) Official source · statute text retrieved 2026-09-21
“For the purpose of perfecting and preserving his or her lien, every subcontractor mentioned in section two of this article shall, within one hundred days after the completion of his or her subcontract, give to the owner or his or her authorized agent, by any of the methods provided by law for the service of a legal notice or summons, a notice of lien... But the lien shall be discharged and avoided, unless, within one hundred days after the completion of his or her subcontract as aforesaid, the subcontractor shall cause to be recorded in the office of the clerk of the county commission of the county wherein the property is situate, a notice of the lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article.”
If the date is missed (the statute's own terms). The statute's own mechanism: "the lien shall be discharged and avoided" unless BOTH giving notice to the owner AND recording it happen within the same 100 days.
Also stated next to this deadline.
Two acts are required within the same 100 days, not just one: giving notice to the owner (by a method valid for serving legal process), and separately recording a notice in the same form as § 38-2-8's.
Record notice of mechanic's lien (supplier furnishing directly to owner)
Recorded with the clerk of the county commission, counted from the date this claimant ceased furnishing materials, machinery, or equipment.
What it counts from. 100 days after last furnishing (last day on site).
Applies to. Supplier, Preconstruction service.
W. Va. Code § 38-2-10 (sole operative sentence) Official source · statute text retrieved 2026-09-21
“For the purpose of perfecting and preserving his lien, every materialman or furnisher of machinery or other necessary equipment, under a contract with the owner, as mentioned in section three of this article, shall cause to be recorded in the office of the clerk of the county court of the county wherein such property is situate, within one hundred days from the date when he shall have ceased to furnish material or machinery or other necessary equipment, a notice of such lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article.”
If the date is missed (the statute's own terms). The statute frames this as a condition of "perfecting and preserving" the lien - the notice must be recorded within this period for the lien to be valid.
Also stated next to this deadline.
This rule assumes direct privity with the owner (§ 38-2-10). A materialman furnishing to a contractor or subcontractor instead is governed by the separate § 38-2-11, not independently verified this pass (see this state's "Honest limits").
Commence action to enforce the lien
Counted from the date this claimant's own notice of lien was filed.
What it counts from. 180 days after notice of construction lien recorded.
Applies to. Original contractor, Subcontractor, Supplier, Preconstruction service.
W. Va. Code § 38-2-34 (a) Official source · statute text retrieved 2026-09-21
“Unless an action to enforce any lien authorized by this article is commenced in a circuit court within six months after the person desiring to avail himself or herself of the court has filed his or her notice in the clerk's office, as provided in this article, the lien shall be discharged; but an action commenced by any person having a lien shall, for the purpose of preserving the same, inure to the benefit of all other persons having a lien under this article on the same property, and persons may intervene in the action for the purpose of enforcing their liens.”
If the date is missed (the statute's own terms). The statute's own mechanism: "the lien shall be discharged" unless a circuit-court action is commenced within the six months.
Also stated next to this deadline.
Approximated as 180 calendar days (6 months), the same approximation style used throughout this app.
An action commenced by any one lienholder preserves the lien for the benefit of every other lienholder on the same property, who may then intervene - a real, favorable mechanic this app does not otherwise track.
Weekend and holiday rollover
NoticeGuard does not model a weekend or holiday extension for West Virginia. The dates above are the plain count from the date you enter. Check whether a Saturday, Sunday or holiday changes your date.
What this rule set does not cover
A fourth variant, § 38-2-11 ("Notice and recordation of lien for supplies furnished to contractor or subcontractor" - i.e., a materialman NOT in direct privity with the owner), is not independently verified in this pass. This app applies the § 38-2-10 direct-to-owner rule (100 days after last furnishing) to the supplier role uniformly, which may not exactly match § 38-2-11's own text for a deeper-tier supplier.
Only the notice-and-recordation requirement itself is modeled for each role - the required content of each notice (a prescribed statutory form exists for all of them, keyed to § 38-2-8's form) is captured in this app's generated documents, but the underlying service-of-notice mechanics (e.g., § 38-2-9's requirement that a subcontractor also serve the owner "by any of the methods provided by law for the service of a legal notice or summons") are not separately verified beyond what's quoted here.
The residential affirmative-defense carve-out (§ 38-2-34(b)-(c): on an existing single-family or owner-occupied dwelling, the owner may raise an affirmative defense that they are not indebted, or indebted for less than the lien amount) is not modeled - it affects litigation strategy, not the deadline itself.
Weekend/holiday rollover is NOT modeled - no general West Virginia computation-of-time statute was researched this pass, and none of the sections read here state one.
Only §§ 38-2-8, 38-2-9, 38-2-10, and 38-2-34 have been read. The rest of Article 2 - including lien priority, the discharge-by-bond mechanism, and the corporate-lien recording provisions (§ 38-2-33) - has not been incorporated.
NoticeGuard is an app that turns a job's dates into a countdown for each statutory step, shows the statute text each date was read from, exports a calendar file (.ics) and sends reminders 14, 7 and 1 day before each deadline. It tracks and reminds; it does not file anything for you.